Booking Event Photography with Lauren....

Contract

The contract is between the Photographer and the Client(s) as detailed below:
Lauren Palmer of Photography by Lauren Elizabeth (Referred to hereafter as "Photographer")
 

The Client agrees that he/she is responsible for all parties involved with the agreed upon photo session. If there is an individual involved in the photo session who does not agree to the terms of this agreement the Client assumes responsibility for any liability.
 

I, the client – understand and agree to the following terms & conditions:
 

• The deposit is nonrefundable, and all balances should be paid in full one week prior to event date, or 48 hours prior to scheduled session. 

• Should the client cancel, or not show up for any reason without the photographer’s prior knowledge (at least 12 – 24 hour notice), also if the photographer fails to appear at the specified time & location, the fee will be refunded in full to the client – unless a new time & date can be set or due to any emergencies.

• For locations further than 50 miles of Folsom, CA a travel fee will apply unless the photographer has otherwise agreed for it to be waived, in writing.

• No mobile phone photography, or photography from any other devices while in session unless previously agreed upon.

• For weddings over 5 hours, the Client agrees to provide a vendor meal for Photographer and any Associate Photographers.

• Photography by Lauren Elizabeth retains the copyright to the photographs for any promotional use, and hereby grants the client unlimited but non-exclusive rights to use or reproduce the photographs, the client is not permitted to re-sell the images/prints.

• In the unlikely event that the Photographer is injured, becomes ill or has an extreme emergency that prevents them from being there on the day of the booking, it’s up to the photographer to make every effort to reschedule or find a replacement photographer.

• Online galleries are a link to your image gallery, they are set up with privacy using a password that only the client receives. 

• The client shall reimburse the photographer for any damage of equipment or props if damage is caused at the session.

• The Photographer is responsible for providing the Client a photographic service as detailed in this Agreement. The Client undertakes to engage the Photographer for this coverage for the price as detailed below.

 

AGREEMENT TERMS & CONDITIONS:
 

PAYMENT ARRANGEMENT: The Client will pay the Photographer the total fee specified in the package chosen. Deposit includes half of total amount of package + any additional hours chosen. Unless specified in this contract, The Client is to have all balances paid in full one (1) week prior to Event Date, or 48 hours prior to schedules session. 
SESSION PROOFS: Client will receive access to a private online photo gallery. Photographer retains the right to edit the photographs as she sees fit based on experience and expertise and omit any image(s) that do not meet her standards.
 

CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, the deposits paid are non- refundable. Deposits are transferable if a date change is necessary. Forty-eight hours (48) notice of postponements or cancellations is appreciated. If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which hinders Photographer’s ability to obtain quality shots. If Client and/or key individuals fail to appear to a scheduled portrait session, the deposit is non-refundable. The session can be rescheduled at the original portrait session fee, including an additional $50 deposit.
 

EXPENSES/MILEAGE: For locations within 50 miles of Folsom, CA there is no travel fee. For locations further than 50 miles of Folsom, CA a travel fee will apply unless the photographer has otherwise agreed for it to be waived, in writing. The Client must be sure to discuss locations with the photographer prior to booking session, particularly if they are not willing to travel within 50 miles or less of Folsom, CA, as the Photographer expects that the locations used will be within this radius. Please note that for sessions pre-determined and advertised at a particular location, no travel fee will be charged even for sessions outside of the 50 mile radius. 
Travel fees are calculated as follows: $1.00/mile over the allotted 50 mile radius from Folsom, CA. 
The right is reserved for the Photographer to refuse any travel that they deem excessive or that does not fit within their schedule.
 

DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of Photography by Lauren Elizabeth Lauren Palmer of ("Photographer"). In exchange for services provided, Photographer retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to: advertising, marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. 
The Photographer retains these rights even if image files are turned over to the Client.
All photos created by Photographer are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without Photographer's express written permission. The client may print (on their own) their personal photographs with the written consent of Photographer only once in possession of the digital images. The negatives/digital files remain sole property of Photographer and will never be given or sold.
Photographer agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license.
 

THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING:
APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY PHOTOGRAPHER
MAKING ‘DERIVATIVE WORKS’ OR OTHERWISE MODIFY, INCLUDING EDITING AND/OR
MANIPULATING ELECTRONIC FILES
These exclusive rights make it illegal to copy, scan, edit or share photographic prints and digital medial without the Photographer’s permission. Violators of this Federal law will be subject to civil and criminal penalties.
 

CLIENT’S USAGE: Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions by parties other than Photographer. Guidelines for personal usage are contained within the print release form provided. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. Photographer must be credited with website information. 
 

LIMIT OF LIABILITY: I take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged.
 

In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
 

RETOUCHING, CONVERSIONS AND DIGITAL FILES: Blemish removal and subtle smoothing is covered but additional edits include, but are not limited to, head swaps, people replacements/removal, background changes, digital body altering, etc. and we charge per image for these edits.
The Photographer has the right to refuse any requested edits to the images.
 

ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with Photography by Lauren Elizabeth, by Lauren Palmer.
The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.
 

MODEL RELEASE: Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which Client may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
 

EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images. This includes "Sneak Peeks" on Photography by Lauren Elizabeth’s facebook page, images on Photography by Lauren Elizabeth’s website and possible images used for Photography by Lauren Elizabeth’s promotion such as business cards & fliers.
 

NOTICE OF COPYRIGHT
The Client agrees that all copyright and/or intellectual property rights for all photographs taken at that session shall be held exclusively by the Photographer. It is a violation of federal copyright law to copy, scan, screen grab or allow photographs that the Photographer has created to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered (digitally or otherwise), without the Photographer's express written permission. The Client agrees to purchase portrait photography prints or products directly from the Photographer unless in possession of a digital package which can be purchased separately with a print release form signed by the Photographer, or as part of the purchased portrait package at that time. If the Client purchases a digital with a signed print release form, they understand that they are not given permission to alter or manipulate the images in any way.

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Infringement of Copyright is punishable by law.